Article 1 in general 351101. Local contributions; disposition


71034.  Penalties are additional



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3571034.  Penalties are additional.
Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil administrative penalty or sanction otherwise authorized by law.
3571035.  Conviction or acquittal under federal law or law of another state.
If a violation of this act is a violation of a federal law or a law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
3571036.  Distribution to person under 18; drug free school zones.
(a)  Any person eighteen (18) years of age or over who violates W.S. 3571031(a) by distributing methamphetamine or a controlled substance listed in Schedules I or II which is a narcotic drug to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 3571031(a)(i), by a term of imprisonment of up to twice that authorized by W.S. 3571031(a)(i), or both. Any person eighteen (18) years of age or over who violates W.S. 3571031(a) by distributing any other controlled substance listed in Schedules I, II, III, to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 3571031(a)(ii), by a term of imprisonment up to twice that authorized by W.S. 3571031(a)(ii), or both. Any person eighteen (18) years of age or over who violates W.S. 3571031(a) by distributing any controlled substance listed in Schedule IV to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 3571031(a)(iii), by a term of imprisonment up to twice that authorized by W.S. 3571031(a)(iii), or both. Any person eighteen (18) years of age or over who violates W.S. 3571031(a) by distributing any controlled substance listed in Schedule V to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 3571031(a)(iv), by a term of imprisonment up to twice that authorized by W.S. 3571031(a)(iv), or both.
(b)  Any person who is convicted of any of the following listed offenses with regard to a controlled substance listed in Schedules I through IV shall have the penalties specified in this subsection imposed as part of the sentence and in addition to any other penalties authorized by law, if that offense was committed within any school bus as defined in W.S. 317102(a)(xl) or within the boundaries of or within five hundred (500) feet of the boundaries of real property used by a school district primarily for the education of any student in any grade from kindergarten through twelfth grade:
(i)  If an adult:
(A)  For manufacture, delivery or possession with intent to manufacture or deliver in violation of W.S. 3571031(a) or subsection (a) of this section:
(I)  Imprisonment for a minimum of two (2) years; and
(II)  An additional fine of one thousand dollars ($1,000.00).
(B)  For possession in violation of W.S. 3571031(c) an additional fine of five hundred dollars ($500.00).
(ii)  If a minor and if not sentenced to a term of imprisonment which is unsuspended:
(A)  For manufacture, delivery or possession with intent to manufacture or deliver in violation of W.S. 3571031(a):
(I)  Successful completion of a drug education or rehabilitation program specified by the court;
(II)  Not less than twentyfive (25) nor more than two hundred (200) hours of community service specified by the court; and
(III)  Submission to monthly drug testing for one (1) year.
(B)  For possession in violation of W.S. 3571031(c):
(I)  Successful completion of a drug education or rehabilitation program specified by the court;
(II)  Not less than twentyfive (25) nor more than one hundred (100) hours of community service specified by the court; and
(III)  Submission to monthly drug testing for six (6) months.
3571037.  Probation and discharge of first offenders.
Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 3571031(c) or 3571033(a)(iii)(B), or pleads guilty to or is found guilty of using or being under the influence of a controlled substance under W.S. 3571039, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 3571038. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court.
3571038.  Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses.
(a)  Unless otherwise provided under W.S. 3571031(c), any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. The judge may suspend part or all of the discretionary portion of an imprisonment sentence or fine under this subsection and place the defendant on probation pending successful completion, at the defendant's own expense, of a chemical addiction evaluation or treatment program prescribed by the judge.
(b)  For purposes of subsection (a) of this section, an offense is a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs.
(c)  This section shall not apply to offenses under W.S. 3571031(c).
3571039.  Person using or under influence of controlled substance.
Any person who knowingly or intentionally uses or is under the influence of a controlled substance listed in Schedules I, II or III except when administered or prescribed by or under the direction of a licensed practitioner, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not to exceed six (6) months or a fine not to exceed seven hundred fifty dollars ($750.00), or by both.
3571040.  Planting, cultivating or processing marihuana, peyote or opium poppy.
Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes any marihuana, peyote, or opium poppy except as otherwise provided by law shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed six (6) months in the county jail or by a fine not to exceed one thousand dollars ($1,000.00), or both.
3571041.  Distribution of liquid, substance or material in lieu of controlled substance.
Any person who in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person, or offers, arranges, or negotiates to have any controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, arranges, or negotiates to have sold, delivered, transported, furnished, administered or given to any person any other liquid, substance, or material in lieu of any controlled substance shall be punished by imprisonment for not more than (1) year, or fined not more than one thousand dollars ($1,000.00) or by both such fine and imprisonment.
3571042.  Attempts and conspiracies.
Any person who attempts or conspires to commit any offense under this article within the state of Wyoming or who conspires to commit an act beyond the state of Wyoming which if done in this state would be an offense punishable under this article, shall be punished by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
3571043.  Immunity from prosecution.
All duly authorized peace officers including any special agents or other personnel appointed by the commissioner, and probation and parole agents as defined in W.S. 713401, while investigating violations of this act in performance of their official duties, shall be immune from prosecution under this act. Any person working under the immediate direction, supervision or instruction of a duly authorized peace officer, special agent or other person appointed by the commissioner, may be granted immunity from prosecution under this act by the commissioner. In addition to the foregoing persons, such immunity may also be granted to any person whose testimony is necessary to secure a conviction under this act with the consent of district judge in the district wherein prosecution is to take place. Any person granted immunity under this section shall not be excused from testifying or producing evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture. Any person who except for the provisions of this act, would have been privileged to withhold the testimony given or the evidence produced by him shall not be prosecuted, subjected to any penalty, forfeiture, for or on account of any transaction, matter or thing concerning which, by reason of said immunity, he gave testimony and produced evidence; and no such testimony given or evidence produced shall be received against him in any criminal proceeding. Provided, no person given immunity under this section shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.
3571044.  Peyote delivered, possessed or used for religious sacramental purposes.
Nothing in this act shall be construed to prohibit the delivery, possession or use of peyote in natural form, when delivered, possessed or used for bona fide religious sacramental purposes by members of the Native American Church of Wyoming.
3571045.  Duties and powers of law enforcement officers; search warrants.
(a)  Notwithstanding the powers conferred upon the attorney general by this act all law enforcement officers within this state shall have the responsibility for the enforcement of this act.
(b)  Any special agent designated by the attorney general and any law enforcement officer engaged in the enforcement of this act may:
(i)  Carry firearms in the performance of his official duties;
(ii)  Serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;
(iii)  Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed, or is committing a violation of this act;
(iv)  Make seizures of property pursuant to this act; and
(v)  Perform such other law enforcement duties as the commissioner may designate.
(c)  All prosecutions originating under this act shall be the duty and obligation of the district attorney for the county in which the offense occurred.
(d)  A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or district court commissioner issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.
(e)  Any officer authorized to execute a search warrant relating to offenses involving controlled substances the penalty for which is imprisonment for more than one (1) year may, without notice of his authority and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, only if a district judge or district court commissioner issuing the warrant: (i) is satisfied that there is probable cause to believe that (A) the property sought may and, if such notice is given, will be easily and quickly destroyed or disposed of, or (B) the giving of such notice will immediately endanger the life or safety of the executing officer or another person; and (ii) has included in the warrant a direction that the officer executing it shall not be required to give such notice. Any officer acting under such warrant, shall, as soon as practicable after entering the premises, identify himself and give the reason and authority for his entrance upon the premises.
3571046.  Administrative inspection warrants.
(a)  Issuance and execution of administrative inspection warrants for controlled premises as defined in this section shall be as follows:
(i)  Any district court judge or district court commissioner upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this act or rules hereunder, and seizures of property appropriate to such inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this act, as it relates to the regulation of the legitimate traffic in controlled substances, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant;
(ii)  A warrant shall issue only upon an affidavit of a designated officer or employee of the board or of the commissioner having knowledge of the facts alleged, sworn to before the district judge or district court commissioner establishing the grounds for issuing the warrant. If the district judge or district court commissioner is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:
(A)  State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(B)  Be directed to a person authorized by W.S. 3571045 to execute it;
(C)  Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(D)  Identify the item or types of property to be seized, if any;
(E)  Direct that it be served during normal business hours and designate the judge to whom it shall be returned.
(iii)  A warrant issued pursuant to this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present or in the presence of at least one (1) credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;
(iv)  The judge or district court commissioner who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court for the judicial district in which the inspection was made.
(b)  The board may make administrative inspections of controlled premises in accordance with the following provisions:
(i)  For purposes of this section only, "controlled premises" means:
(A)  Places where persons registered or exempted from registration requirements under this act are required to keep records; and
(B)  Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this act other than an ultimate user are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
(ii)  When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the board or commissioner, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection;
(iii)  When authorized by an administrative inspection warrant, an officer or employee designated by the board or commissioner may:
(A)  Inspect and copy records required by this act to be kept;
(B)  Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling found therein, and except as provided in paragraph (b)(v) of this section, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this act; and
(C)  Inventory any stock of any controlled substance therein and obtain samples thereof.
(iv)  This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with the Wyoming Administrative Procedure Act and the rules promulgated thereunder, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(A)  If the owner, operator, or agent in charge of the controlled premises consents;
(B)  In situations presenting imminent danger to health or safety where a warrant is not constitutionally required;
(C)  In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(D)  In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking and a warrant is not constitutionally required; or
(E)  In all other situations in which a warrant is not constitutionally required.
(v)  An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data, unless the owner, operator, or agent in charge of the controlled premises consents in writing.
3571047.  Injunctions against violations.
(a)  The district courts of this state have jurisdiction to restrain or enjoin violations of this act.
(b)  The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
3571048.  Cooperation with federal and other state agencies.
(a)  The state board of pharmacy and the commissioner shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may:
(i)  Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(ii)  Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(iii)  Cooperate with the bureau by establishing a centralized unit to accept, catalog, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state, and local law enforcement purposes. Unless otherwise provided by law, they shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under privileged communication acts; and
(iv)  Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(b)  Results, information, and evidence received from the bureau relating to the regulatory functions of this act, including results of inspections conducted by it may be relied and acted upon by the board or commissioner in the exercise of the regulatory functions under this act.
3571049.  Forfeitures and seizures generally; property subject to forfeiture.
(a)  The following are subject to forfeiture:
(i)  All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this act;
(ii)  All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substances in violation of this act;
(iii)  All property which is used as a container for property described in paragraph (i) or (ii) of this subsection;
(iv)  All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of this act;
(v)  All conveyances including aircraft, vehicles or vessels, knowingly used or intended for use to transport or in any manner to knowingly facilitate the transportation for the sale or receipt of property described in paragraph (i) or (ii) of this subsection may be seized by the commissioner and forfeited to the state pursuant to subsection (e) of this section:
(A)  No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or corporate officer is a consenting party or privy to a violation of this act;
(B)  No conveyance is subject to forfeiture under this section by reason of any act committed without the knowledge or consent of the owner;
(C)  A conveyance is not subject to forfeiture for a violation of W.S. 3571031(c);
(D)  A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act.
(vi)  All "drug paraphernalia" as defined by W.S. 3571002(a)(xxvii);
(vii)  All buildings knowingly used or intended for use to store, manufacture or distribute property described under paragraph (i) or (ii) of this subsection if the owner has knowledge of or gives consent to the act of violation. A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if he did not have knowledge of or give consent to the act;
(viii)  Any property or other thing of pecuniary value furnished in exchange for a controlled substance in violation of this act including any proceeds, assets or other property of any kind traceable to the exchange and any money, securities or other negotiable instruments used to facilitate a violation of this act. Property used or furnished without the consent or knowledge of the owner is not forfeitable under this section to the extent of his interest.
(b)  Property subject to forfeiture under this act may be seized by any law enforcement officer of the state upon process issued by any district court or district court commissioner having jurisdiction over the property. Seizure without process may be made if:
(i)  The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(ii)  The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal, injunction or forfeiture proceeding based upon this act;
(iii)  The board or commissioner has probable cause to believe that the property was used or is intended to be used in violation of this act. Prior to property being seized by any law enforcement officer of the state pursuant to this paragraph, the following procedures shall be followed:
(A)  The law enforcement officer shall communicate with the commissioner regarding the facts and circumstances involving the property to be seized. Based upon the information provided, the commissioner shall determine whether probable cause exists that the property identified by the law enforcement officer was used or was intended to be used in a violation of this act;
(B)  If the commissioner determines there is probable cause to seize the property, he shall direct the officer to seize the property. At the time of the seizure, the person or persons from whom the property was seized shall be given written notice that the seized property is subject to forfeiture. The notice shall include an advisement that:
(I)  The person has the right to attend the hearing required by subsection (c) of this section, but shall not have the right to present evidence or cross examine any witness;
(II)  The person will be given at least fifteen (15) days' notice of the time, date and location of the hearing; and
(III)  The purpose of the hearing is for a court to determine whether there was probable cause to believe that the property was used or was intended to be used in violation of this act.
(C)  If the commissioner determines there is no probable cause to seize the identified property, he shall not authorize the seizure of any property based upon that event or occurrence and the officer shall not seize any property.
(c)  Within thirty (30) days of the seizure, a probable cause hearing shall be held in circuit court, in the county where the property was seized to determine whether probable cause existed to seize the property pursuant to paragraph (b)(iii) of this section. One (1) or more of the law enforcement officers who made the seizure shall testify under oath regarding the facts and circumstances which established probable cause to seize the property. The hearing shall be recorded by sound, soundandvisual or stenographic means. If the court determines, based upon the evidence presented, that at the time of the seizure:
(i)  Probable cause did not exist to seize the property, the court shall order the property to be immediately returned to its lawful owner or one (1) of the persons from whom it was seized; or
(ii)  Probable cause existed to seize the property, the court shall order that the commissioner may file an action for the forfeiture of the property.
(d)  In the event of seizure pursuant to subsection (b) of this section, no action for the forfeiture of property pursuant to this section shall be instituted unless it is brought within one hundred twenty (120) days from the date of seizure or within thirty (30) days following the completion of any criminal prosecution relating to the seizure, whichever is later. All forfeiture proceedings or actions shall be brought by the commissioner.
(e)  Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the commissioner subject only to the orders and decrees of the court having jurisdiction over the proceedings. When property is seized under this act, the commissioner shall place the property under seal or otherwise assure the property is maintained under conditions reasonably necessary to preserve the property's value or may sell the property and hold the proceeds thereof if the property is perishable or threatens to decline speedily in value until the forfeiture proceedings have become final as to all parties and all rights of appeal have been exhausted. In order to preserve the property, if cash, the commissioner may deposit funds into a demand deposit account at an institution located within the state of Wyoming.
(f)  Before a forfeiture action may be filed and no later than thirty (30) days from the date of entry of an order finding probable cause pursuant to subsection (c) of this section, the commissioner shall serve a notice of seizure and intended forfeiture upon any third party, ascertained after reasonably diligent inquiry, known to have an interest in the property. The notice shall describe the date and location of the seizure, the property seized and the statutory basis for the forfeiture. The notice shall be served in accordance with the Wyoming Rules of Civil Procedure except that service by publication shall not be required. The notice requirements of this subsection shall not apply to the party or parties from whom the property was directly seized.
(g)  A court shall not issue any forfeiture order unless the notice under subsection (f) of this section has been accomplished to the satisfaction of the court.
(h)  After the commissioner is authorized by the court or by this section to file a forfeiture action, the Wyoming Rules of Civil Procedure shall govern the action unless in conflict with subsections (j) through (n) of this section.
(j)  The complaint to seek forfeiture of property under this section shall describe with reasonable particularity:
(i)  The approximate value of the property;
(ii)  The facts giving rise to the seizure or custody;
(iii)  The name and position of the person making the seizure or taking the property into custody;
(iv)  The name and address of the owners of the property or those persons who were in possession of the property at the time of the seizure; and
(v)  The manner in which all parties reasonably known to have an interest in the property seized were served in accordance with subsection (f) of this section.
(k)  In the action for the forfeiture of property, the burden of proof shall be on the commissioner to establish by clear and convincing evidence the extent to which, if any, the property is subject to forfeiture.
(m)  Subsequent to the commissioner carrying his burden of proof pursuant to subsection (k) of this section, an interest in property belonging to a third party shall not be forfeited to the extent the third party establishes he has a perfected lien in the property, proves by a preponderance of evidence that he has a perfected priority interest in the property or that he is an innocent owner. For purposes of this subsection:
(i)  With respect to a property interest in existence at the time the violation of this act took place, "innocent owner" means a person who held an interest in the property and neither had knowledge of nor consented to the violation;
(ii)  With respect to a property interest acquired after the violation of this act has taken place, "innocent owner" means a person who, at the time that person acquired the interest in the property:
(A)  Was a bona fide purchaser or seller for value of goods or services or a holder of a bona fide security interest; and
(B)  Did not know and was reasonably without cause to believe the property was subject to forfeiture.
(n)  The right to trial by jury applies to forfeiture proceedings under this section.
(o)  A person's interest in property is not subject to forfeiture to the extent that the forfeiture is grossly disproportionate to the gravity of the offense giving rise to the forfeiture. The commissioner shall have the burden of demonstrating by a preponderance of the evidence that a forfeiture is not grossly disproportionate. Proportionality shall be decided by the court as follows:
(i)  In determining whether a forfeiture is grossly disproportionate, the court shall consider:
(A)  The extent to which the property was used or intended to be used in executing the underlying offense;
(B)  The value of the property, including both its fair market and subjective value;
(C)  The actions of the person involved in the activity giving rise to the forfeiture proceedings;
(D)  The severity of the criminal sanctions associated with the actions of the person;
(E)  Whether the property constitutes the person's lawful livelihood or means of earning a living;
(F)  Whether the offense or attempted offense has severe collateral consequences; and
(G)  Any other factors the court deems necessary and relevant.
(ii)  If the court finds the forfeiture is grossly disproportionate to the offense, it shall reduce or eliminate the forfeiture as it finds appropriate.
(p)  In any forfeiture proceeding under this section, the court shall award a prevailing property owner reasonable:
(i)  Attorney fees and costs; and
(ii)  Damages.
(q)  The proceedings and judgment of forfeiture shall be in rem and shall be against the property itself.
(r)  When property is forfeited under this act, the commissioner may:
(i)  Retain it for official use; in which case it shall become the property of the state of Wyoming;
(ii)  Sell any such property which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs;
(iii)  Require the board to take custody of the property and remove it for disposition in accordance with law;
(iv)  Repealed by Laws 1983, ch. 160, § 2.
(v)  Transfer ownership and control of the property to any municipality or political subdivision of the state for its official use; or
(vi)  Authorize any law enforcement officer to apply to the district court with jurisdiction for an order providing for destruction of the contraband controlled substances or paraphernalia if no longer necessary for evidentiary purposes, provided, however, that a district court order shall not be necessary for the division of criminal investigation to destroy quantities of contraband controlled substances after the division has tested random samples. The division of criminal investigation shall adopt rules necessary to operate a program to destroy bulk quantities of contraband controlled substances, which shall include:
(A)  The photographing and videotaping of the entire bulk amount of seized contraband controlled substances to maintain its evidentiary value and to create exhibits for use in legal proceedings;
(B)  The extraction of ten (10) random samples from the entire bulk amount of seized contraband controlled substances for laboratory analysis;
(C)  A weighing on properly calibrated scales of both the bulk amount of seized contraband controlled substances and the representative samples;
(D)  The additional retention of:
(I)  Five (5) ounces of organic material if the controlled substance is marihuana or a substance of similar organic composition;
(II)  Five (5) grams of a controlled substance in powdered or crystalline form;
(III)  Fivetenths (0.5) of a gram of a controlled substance in liquid form;
(IV)  An amount sufficient for testing by experts shall be made available from the additionally retained sample for the purpose of defending criminal charges arising from the possession, use or sale of the controlled substance.
(E)  After the testing and retention of samples specified in this paragraph, the commissioner or his designee may order the destruction of the bulk amount of the seized contraband controlled substance in excess of the representative sample and the additional retained samples of the seized contraband controlled substance;
(F)  Once the representative samples and the additional retained samples of the contraband controlled substance are no longer necessary for evidentiary purposes, any law enforcement officer, upon authorization from the commissioner, may apply to the district court with jurisdiction for an order providing for the destruction of the remaining contraband controlled substance.
(s)  Any controlled substance listed in Schedules I through V that is possessed, transferred, sold or offered for sale in violation of this act is contraband and shall be seized and summarily forfeited to the state. Any controlled substance listed in Schedules I through V which is seized or comes into possession of the state and the owner is unknown, is contraband and shall be summarily forfeited to the state.
(t)  Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this act, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.
(u)  The failure, upon demand by the commissioner, or his authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(w)  Any law enforcement agency of this state may accept, receive, dispose of and expend the property or proceeds from any property forfeited to the federal government or any state and allocated to the agency by the United States attorney general pursuant to 21 U.S.C. 881(e) or any law of another state. The property or proceeds shall be in addition to funds appropriated to the law enforcement agency by the state legislature or any unit of local government. The property or proceeds may be credited to any lawfully created fund or account designated to receive proceeds of forfeitures.
(y)  Any law enforcement agency of this state which receives property or proceeds pursuant to subsection (w) of this section shall report to the attorney general on forms to be prescribed by the attorney general:
(i)  The receipt of property or proceeds within thirty (30) days from the receipt; and
(ii)  The disposition or expenditure of any property or proceeds within ninety (90) days from the disposition or expenditure.
(z)  The attorney general shall submit an annual report to the joint appropriations interim committee and the joint judiciary interim committee not later than August 1 concerning recipients and the amount of property and proceeds accepted, received, disposed of or expended during the prior calendar year under this section by law enforcement agencies, other than property subject to summary forfeiture.
(aa)  No law enforcement agency of this state shall accept property or proceeds pursuant to subsection (w) of this section if the tender of the property or proceeds is conditioned upon the state law enforcement agency's adoption of federal law enforcement practices and procedure.

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